DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2021/6992)

ADBRI MASONRY (MOOREBANK & NEWCASTLE) ENTERPRISEAGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 8 SEPTEMBER 2021

Application for approval of the Adbri Masonry (Moorebank & Newcastle) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry (Moorebank & Newcastle) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adbri Masonry Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adbri Masonry Pty Ltd, a company operating in the construction industry, was the subject of an application for approval of an enterprise agreement. The applicant sought to have the Adbri Masonry (Moorebank & Newcastle) Enterprise Agreement 2021 ratified by the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for the employees covered by the agreement, including matters such as wages, hours of work, leave provisions, and other employment-related matters.

The legal issues before the court centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Key among these was whether the agreement had been made in good faith and whether it contained the necessary minimum terms as prescribed by the Act. Additionally, the court considered whether the agreement had been fairly negotiated and whether it provided for the proper protection of employees' rights and interests.

The Fair Work Commission carefully examined the evidence and submissions presented by both parties. The Commission found that the proposed agreement had been made in good faith and contained all the necessary minimum terms. The Commission also determined that the agreement had been fairly negotiated and adequately protected the rights and interests of the employees. Consequently, the Commission approved the Adbri Masonry (Moorebank & Newcastle) Enterprise Agreement 2021. The court's decision was grounded in the comprehensive evaluation of the evidence, ensuring that the agreement complied with all legal requirements and served the interests of both the employer and the employees.

Adbri Masonry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established